Manivannan v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.11.2022

CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN AND THE HONOURABLE MR.JUSTICE J.SATHYA NARAYANA PRASAD W.P.(MD)No.13300 of 2020 and W.M.P.(MD)No.11116 of 2020 Manivannan ... Petitioner -Vs1.The District Collector, Dindigul District, Dindigul.

2.The Sub Collector, Palani, Dindigul District.

3.Meena 4.Manikunduraja 5.Kaliammal ... Respondents

PRAYER : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 to 3 to remove the encroachment caused by the respondents 4 to 6 at common pathway situated in Survey No.174/417, Pudumanjanakarar Street, 13th Ward, Puduayagudi, Palani Taluk, Dindigul District based on the representations dated 08.08.2020 and 15.09.2020 within the stipulated time fixed by this Court. For Petitioner : Mr.M.Ramu For R1 and R2 : Mr.P.Thilak Kumar, Government Pleader For R3 : Mr.R.Thanga Pandian For R4 & R5 : No Appearance

ORDER

[Order of the Court was made by R.MAHADEVAN, J.] This Writ Petition has been filed seeking issuance of a Writ of Mandamus, directing the respondents 1 to 3 to remove the encroachment made by the respondents 4 to 6 in the common pathway situated in Survey No. 174/417, Pudumanjanakarar Street, 13th Ward, Puduayagudi, Palani Taluk, Dindigul District, based on the petitioner's representations dated 08.08.2020 and 15.09.2020, within a time frame.

2.Today, when the matter was taken up for hearing, the learned Government Pleader for the respondents 1 and 2, on instructions, submitted that the authorities concerned conducted a survey in the place in question, which revealed some encroachment therein and therefore, appropriate action would be taken for removal of the same, by following due process of law within a time frame.

3.The aforesaid submission is not refuted by the learned counsel for the petitioner.

4.Recording the aforesaid submission made by the learned Government Pleader, this Writ Petition stands disposed of, directing the authorities concerned to remove the encroachment in the place in question, after affording sufficient opportunity to all the parties concerned and by following due process of law, within a period of eight (8) weeks from the date of receipt of a

copy of this order. No costs. Consequently, connected miscellaneous petition is closed.

[R.M.D., J.] & [J.S.N.P., J.] 09.11.2022 Index : Yes / No Internet : Yes / No Myr To 1.The District Collector, Dindigul District, Dindigul.

2.The Sub Collector, Palani, Dindigul District.

R.MAHADEVAN , J.

AND J.SATHYA NARAYANA PRASAD, J.

Myr W.P.(MD)No.13300 of 2020 09.11.2022